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H0576..............................................................by TRAIL
HIGHWAY COMMISSIONERS - Amends existing law to provide for the election of
highway commissioners by subdistrict.
01/28 House intro - 1st rdg - to printing
01/29 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 576
BY TRAIL
1 AN ACT
2 RELATING TO ELECTIONS OF HIGHWAY COMMISSIONERS; AMENDING SECTION 40-1305,
3 IDAHO CODE, TO PROVIDE FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY SUB-
4 DISTRICT AND TO MAKE A TECHNICAL CHANGE.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 40-1305, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 40-1305. ELECTION OF HIGHWAY COMMISSIONERS -- TERM OF OFFICE. (1) On the
9 first Tuesday of August of the next odd-numbered year following the appoint-
10 ment of the first highway district commissioners, commissioners from subdis-
11 tricts one and two shall be elected for a term of two (2) years. Thereafter
12 the term of office of all commissioners shall be four (4) years. Highway dis-
13 trict commissioners elected prior to January 1, 1994, for a term to expire on
14 January 1, 1996, shall continue in office until October 1, 1995. Highway dis-
15 trict commissioners elected prior to January 1, 1994, for a term to expire on
16 January 1, 1998, shall continue in office until October 1, 1997. Elections for
17 commissioners of each of the subdistricts shall continue on the schedule pre-
18 viously established.
19 (2) Alternative election of highway commissioners -- Term of office.
20 (a) Notwithstanding subsection (1) of this section, highway district com-
21 missioners may, upon the unanimous agreement of the existing board of
22 highway district commissioners, adopt an alternative term of office,
23 whereby a single highway district commissioner shall be elected each year
24 for three (3) years and in the fourth year no election shall be held.
25 (b) An election pursuant to paragraph (a) of this subsection shall be
26 conducted in the following manner:
27 (i) The commissioner representing subdistrict one shall be elected
28 for a term of four (4) years upon the expiration of the existing
29 term;
30 (ii) The commissioner representing subdistrict two shall be elected
31 for a term of five (5) years upon the expiration of the existing
32 term; and
33 (iii) Each year thereafter, one (1) commissioner shall be elected,
34 except for the fourth year when no election shall be held.
35 (c) If an alternative election is held pursuant to this subsection, the
36 highway district shall not revert to the former manner of elections and
37 terms of office until eight (8) years after such election.
38 (3) Election by subdistrict. Notwithstanding subsection (1) of this sec-
39 tion, highway district commissioners may, upon the unanimous agreement of the
40 existing board of highway district commissioners, adopt an alternative method
41 of electing highway commissioners by subdistrict rather than districtwide. If
42 the commissioners of a highway district adopt election by subdistrict pursuant
43 to this subsection, the highway district shall not revert to the former manner
2
1 of elections until eight (8) years after such election.
2 (4) Except as provided in subsection (3) of this section, eEach highway
3 commissioner shall be elected on a district wide districtwide basis.
STATEMENT OF PURPOSE
RS 13764
The proposed legislation relates to the elections of highway
commissioners. It would amend Section 40-1305, Idaho Code, to
provide for the option in the election of highway commissioners
by subdistrict and to make a technical change.
FISCAL IMPACT
There will be no fiscal impact on the General Fund.
Contact
Name: Representative Tom Trail
Phone: 332-1000
Frank Dammerell
(208)289-4302
STATEMENT OF PURPOSE/FISCAL NOTE H 576